Law Commission issues paper, 51, May 2023

Aotearoa New Zealand has laws aimed at protecting the public from reoffending risks posed by some offenders convicted of serious crimes. These laws enable the detention or supervision of those offenders beyond a fixed-term prison sentence (determinate sentence). For the court to order detention or supervision, the offender must have been convicted of a qualifying sexual or violent offence and present risks of further sexual or violent offending.

The types of orders a court can make include the following:

Preventive detention. Preventive detention is a prison sentence a court can impose under the Sentencing Act 2002 at the time a person is sentenced. A person sentenced to preventive detention cannot be considered for parole until the end of a minimum period of imprisonment stipulated by the sentencing court, which must be no less than five years. After that, they will only be released from prison if the New Zealand Parole Board is satisfied the person will not pose an undue risk to the safety of the community.;
Extended supervision orders (ESOs). ESOs are post-sentence orders a court can impose under the Parole Act 2002 on a person completing a determinate sentence. An ESO requires the ongoing monitoring and supervision of the person in the community after the end of their sentence. The New Zealand Parole Board can also impose special conditions such as restricting where the person can go, requiring participation in a rehabilitative programme, and monitoring the person 24 hours a day;
Public protection orders (PPOs). PPOs are post-sentence orders a court can impose under the Public Safety (Public Protection Orders) Act 2014 on a person completing a determinate sentence. Under a PPO, a person must be detained after the end of their sentence in a secure facility within prison precincts.

In this review, Te Aka Matua o te Ture | Law Commission will examine the laws protecting the public from offenders who pose significant risks by providing for preventive detention, ESOs and PPOs.

The review will consider whether the laws adequately provide for public protection while respecting the human rights of persons subject to detention or supervision. It will consider te ao Māori and te Tiriti o Waitangi | Treaty of Waitangi, especially in light of tikanga Māori approaches towards criminal justice and the over-representation of Māori among those subject to preventive detention and post-sentence orders. It will also focus on ways to improve the coherence and accessibility of the law. (From the website).

The Commission published this issues paper for public consultation on 28 July 2023. Submissions are open until 5pm on 30 June 2023. The Commission intends to hold a further period of consultation in 2024 to consider proposed changes to the law before submitting its final recommendations to the Government. (From the website). Record #8251